Munna Singh & ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 732 of 2020

1. Munna Singh, S/o Late Rajendra Singh, Aged About 35 Years, R/o Village Baghachour, Thana Turiyasujan, District- Kushinagar, (U.P.).

2. Amarjeet Sharma, S/o Narayan Sharma, Aged About 40 Years, R/o Village Ahrauli, Thana Turiyasujan, District- Kushinagar, (U.P.).

3. Islap Miya @ Aslam Miya, S/o Najir Miya, Aged About 40 Years, R/o Village Baghachour, Thana Turiyasujan, District- Kushinagar, (U.P.).

4. Munni Devi, W/o Sikandar Prasad, Aged About 35 Years, R/o Village Tamkuhi, Thana Sevrai, District- Kushinagar, (U.P.).

5. Sheela Devi Yadav, W/o Gaya Yadav, Aged About 34 Years, R/o Village Malaitola, Thana Thakraha Naka Tola, Bettiah, DistrictWest Champaran, Bihar (As Per Fir). ---- Applicants

Versus

• State of Chhattisgarh Through: Station House Officer, Police Station- Tapkara, District- Jashpur, Chhattisgarh. ---- Respondent For Applicants : Shri Vikash Pradhan, Adv.

For Respondent/State : Shri Wasim Miyan, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 17.03.2020

1. The accused/applicants have moved this first bail application under Section 439 of Criminal Procedure Code for releasing them on regular bail during trial in connection with Crime No. 09/2020 registered at Police Station- Tapkara, District- Jashpur, (C.G.) for the offence punishable under Section 20 (B) of the N.D.P.S. Act.

2. The prosecution story, in brief is that, on the basis of information, police personnel have intercepted and seized total 78 Kg Ganja

from the possession of the applicants. Thereafter, offence has been registered against the present applicants.

3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. The applicants are in jail since 08.01.2020, there is no likelihood of their case being decided in near future, therefore, the present applicants may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that the applicants are in jail since 08.01.2020 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicants on bail. Accordingly, the application is allowed.

7. Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 50,000/- each with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given to them by the said Court. Sd/- (Rajani Dubey) Judge Ruchi